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Rajasthan High Court · body

2012 DIGILAW 912 (RAJ)

Sunder v. Om Prakash

2012-04-11

MOHAMMAD RAFIQ

body2012
RAFIQ, J.—This appeal has been filed by the appellant against the award of the Tribunal dated 17.3.2004 mainly on three grounds. Firstly, that the Tribunal has accepted the income of deceased at Rs.1200 per month, in spite of the fact that AW-1 Sundar Bai, AW-2 Rampal and AW-3 Madan Lal have stated in their statement that the deceased was earning Rs.5,000 per month from the business of leather. Though the Tribunal has accepted that the deceased was doing the business of leather, but it has only accepted his income to be Rs.1200 per month, which is on lower side. Secondly that the Tribunal has applied multiplier of 14, however, as per the judgement of Supreme Court in Sarla Verma & Ors. vs Delhi Transport Corp.& Anr.-(2009) 6 SCC 121 = 2009(1) CCR 276 (SC) = 2009(4) RLW 2785 (SC), for the age group of 36-40, the multiplier of 15 is applicable and the deceased in the present case is aged 38 years. The third ground of challenge of award is that 1/3rd income has been deducted towards self expenses of deceased, however, as per the law enunciated by Supreme Court in Sarla Verma, supra, the deduction of 1/5th income should be made if the number of dependents exceed six. Here in, the number of dependents are 8. 2. Counsel for the respondents have opposed the appeal and supported the impugned award. 3. Considering the contention raised in the claim petition and the material on record, I find that the learned Tribunal has admitted the factum of doing leather business by the deceased. AW-1 Sundar Bai, AW-2 Rampal and AW-3 Madan Lal have stated in their statement that the deceased was earning Rs.5,000-6,000 per month by doing the business of leather. In my view, therefore, the income of the deceased should be accepted at Rs.2,000. The issues regarding the multiplier and deduction of income for self expenses has already been settled by Supreme Court in Sarla Verma, supra whereby for the age group of 36-40, the multiplier of 15 is applicable and 1/5th income should be deducted towards self expenses if the number of dependents exceeds six. The amount of loss of income has thus come to Rs.2,88,000. [Rs.2,000 – 1/5th = (Rs.1600 x 12 x 15 = Rs.2,88,000)] . The amount of loss of income has thus come to Rs.2,88,000. [Rs.2,000 – 1/5th = (Rs.1600 x 12 x 15 = Rs.2,88,000)] . The amount awarded under other heads i.e. Rs.10,000 for loss of consortium, Rs.10,000 for loss of love and affection and Rs.2,000 for funeral expenses is maintained. Thus the appellant is entitled to total compensation of Rs.3,10,000. (Rs.2,88,000 +10000 + 10000 + 2000). The amount of compensation is thus enhanced from Rs.1,56,400 to Rs.3,10,000. The appellant is also entitled to interest @ 6% on the enhanced amount of compensation from the date of filing the claim petition. The appeal is accordingly allowed.